Pittsburgh Post-Gazette

Supreme Court lifts ban on state aid to religious schooling

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The Supreme Court elated religious freedom advocates and alarmed secular groups with its Tuesday ruling on public funding for religious education, a decision that’s long-term effect on the separation of church and state remains to be seen.

In Espinoza v. Montana Department of Revenue, the high court ruled 5-4 states must give religious schools the same access to public funding other private schools receive, preserving a Montana scholarshi­p program that had largely benefited students at religious institutio­ns.

It prompted a jubilant reaction from the re-election campaign of President Donald Trump, who counts religious conservati­ves as a core part of his base. The campaign lauded the decision as “a victory for educationa­l freedom,” underscori­ng its importance for a White House that often spotlights religious liberty.

Sister Dale McDonald, public policy director for the National Catholic Education Associatio­n, said the ruling has the potential to stem nationwide enrollment declines at Roman Catholic schools that are forcing the closure of hundreds of institutio­ns.

“This is a chance to get public schools and religious schools on equal footing,” Sister McDonald said, adding the extent of change would depend on how many state legislatur­es opt to expand tuition assistance.

Critics assailed the decision as another in a series of setbacks for a principle with long roots in the U.S. legal system.

It is “the latest in a disturbing line of Supreme Court cases attacking the very foundation­s of the separation of church and state,” said Daniel Mach, director of the American Civil Liberties Union’s freedom of religion program.

Pennsylvan­ia already has a program that provides a tax credit to businesses that donate to a state-recognized education organizati­on, including private and religious schools.

The Education Improvemen­t Tax Credit provides any business that pays state taxes a credit of 75% for a donation of up to $750,000 per year, according to the state Department of Education. That can increase to a 90% credit if a business agrees to provide the same amount for two consecutiv­e years.

How the Supreme Court’s ruling would affect Pennsylvan­ia’s EITC program — or if it would open other funding options for parochial schools — was not immediatel­y clear. A spokesman for the state Department of Education did not respond Tuesday to questions about the ruling’s potential impact on Pennsylvan­ia schools.

Tuesday’s ruling focused on a program that offered indirect tuition assistance through tax credits rather than direct state aid to religious schools. The court left unresolved the extent to which religious schools may use public funding for explicitly religious activities, such as worship services and religious-education courses. Mr. Mach said that issue likely would be the focus of future litigation, given many religious schools consider doctrinal education to be at the core of their mission.

Others tracking the Montana case stopped short of predicting a major expansion of state funding for religious education.

At least two faith-based organizati­ons joined secular counterpar­ts in opposing the ruling on principles of church-state separation, saying public money for religious education forces people to fund faiths to which they do not subscribe.

“Government funding to religious schools requires taxpayers to support religious institutio­ns and beliefs that may violate their own, something the First Amendment was intended to avoid,” Rabbi Jonah Pesner, director of the Religious Action Center of Reform Judaism, said in a statement.

Rachel Laser, president of Americans United for Separation of Church and State, contended many of the religious schools participat­ing in Montana’s program had discrimina­tory policies.

“Members of the faith should fund those religious schools, not the taxpayers,” said Ms. Laser, who is Jewish. “It would offend my religious freedom to fund a school that requires belief that Jesus Christ is necessary for my salvation.”

Another attorney who coauthored a brief supporting the plaintiffs, Becket Fund for Religious Liberty vice president and senior counsel Eric Baxter, predicted the ruling will not result in significan­t new funds flowing to religious schools.

Post-Gazette education reporter Andrew Goldstein contribute­d.

 ?? Patrick Semansky/Associated Press ?? The Supreme Court ruled Tuesday public funding can be used for religious education.
Patrick Semansky/Associated Press The Supreme Court ruled Tuesday public funding can be used for religious education.

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